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danasider said:
bigtakilla said:

She is breaking a law and hiding behind freedom of expression and basically exploiting constitutional rights. It's the same as if someone from another country kills someone and claims diplimatic immunity. 

 

Yes, she should be punished.

I don't think you understand how the law works. It was made a law, but it was deemed unconstitutional. Laws are difficult to ratify and even more difficult to get rid of, so a lot of times, they will be struck down by a court decision, but not taken off the books. If it's the Supreme court making the decision, that's precedence every other court will use. Again, just google Sunday laws.

But they aren't enforceable. Murder is. And murder is not a constitutional right.

If you kill someone from another country, you will get detained and charged. Look at Amanda Knox.

And if others kill someone here, America has arrested and charged many people. America detains illegals all the time. In fact, 64% of illegal immigrants are in jail for just being illegal. When we're not deporting them, we're sentencing them and keeping them in our prisons. Diplomatic immunity doesn't have to do with being from another country so you can't be charged by America. Sure, we can extradite people and have their country charge them, but we don't have to.

http://www.fairus.org/issue/examples-of-serious-crimes-by-illegal-aliens

No lawyer, DA or police would even attempt to charge the lady in this post, because the constitution supercedes any law in the land. Period. Yes, it's socially unacceptable to piss on a flag. No, it is not punishable. Period. Nothing is higher than the constitution, so she isn't hiding behind something to do something illegal. She is expressing her fundamental right and therefore she can't be punished. This isn't my opinion on if it's right or wrong. I personally think it is vulgar and she was acting like an asshole.

But, according to law, she CAN'T be punished, regardless of the Flag Protection Act.

But there has been cases of people being able to escape trails for crimes up to murder through diplomatic immunity. Does this make murder acceptable, or is it gross abuse of the legal system?